On Friday, the Supreme Court directed both the railways and the Municipal Corporation of Greater Mumbai (MCGM) to take necessary measures to prevent any potential incidents of hoarding collapse within the city.

During the hearing of the civic body's plea regarding the Mumbai Municipal Corporation Act of 1888, a vacation bench comprising Justices Sanjay Kumar and PB Varale issued the directive. The bench acknowledged the recent hoarding collapse tragedy in Ghatkopar, suburban Mumbai, which resulted in the loss of 16 lives last month.

"In the meantime, all parties concerned, including the railways, shall ensure necessary measures to see that no untoward incident happens in connection with any hoardings, be it on railways land or on municipal land," the bench directed and posted the matter for further hearing on June 14.

On May 13, amidst a dust storm and unseasonal rain in Mumbai, a 120-square-foot illegal hoarding collapsed at a petrol pump in Ghatkopar. Tragically, this incident claimed the lives of 16 people and left over 75 others injured.

Justice Kumar granted permission to Additional Solicitor General Vikramjit Banerjee, representing the railways, to submit a response regarding an MCGM plea that has been pending in the apex court since 2018.

"Whoever is in-charge of whichever land, please ensure that nothing untoward happens because monsoon season has arrived," Justice Kumar told Banerjee.

During the hearing, Justice Varale referred to the Ghatkopar incident and said as per media reports, the accused was not initially arrested but detained later, and it was found that he had antecedents of erecting illegal hoardings.

The bench inquired whether the railways had a policy in place to regulate the placement of hoardings as recommended by the high court.

Banerjee clarified that the Ghatkopar incident was not under the court's purview, emphasizing that the illegal hoarding was not situated on railway property. He affirmed the existence of a policy aimed at governing hoardings.

Senior advocate Mukul Rohatgi, representing the civic body, asserted that it was carrying out its duties under both the 1888 Act and the Disaster Management Act, which holds precedence over other laws.

"Hoardings which are erected in the city need to be of permissible size under the regulations and subject to structural stability certificate provided by the authorities," he said.

Rohatgi further elaborated that the civic body had identified numerous illegal hoardings on railway premises, with many of them subsequently removed. However, some hoardings remained untouched by the railways due to the ongoing court proceedings, as the civic body lacked jurisdiction to intervene.

Banerjee reiterated that while the railways' policy doesn't emphasize the size of hoardings, it does require a structural stability certificate. Responding to the bench's inquiry about the rationale behind this provision, he explained that experts from esteemed institutions such as IITs and other engineering colleges assess the structural stability of hoardings.

The ongoing legal dispute stems from the MCGM's challenge against a Bombay High Court order dated December 21, 2017. The order stated that sections 328 and 328 A of the Mumbai Municipal Corporation Act, which mandate written permission for erecting sky-signs, don't apply to hoardings installed by the railways on railway property. This ruling followed a plea by the railways and other parties to prevent the MCGM from enforcing these sections or any other regulations concerning hoardings on railway land.

The railways argue that activities, including commercial endeavors, on railway land fall outside the civic body's jurisdiction. The high court further ruled that the railways aren't obligated to pay taxes to the civic body for hoardings on their land unless explicitly notified to do so. Additionally, the court instructed the railways to devise a policy governing hoardings on their land, prioritizing citizen safety.